Removal orders should only be issued following consideration of individual circumstances with adequate justification in accordance with the law and international human rights standards (see Immigration enforcement and International law and principles in this chapter).
Migrants should clearly understand the grounds on which removal orders are based, the execution of removal orders, remedies available to challenge the validity of removal orders, reasonable time limits to challenge the order, and other relevant information including consequences of non-compliance (OHCHR, 2014).
Although no provisions in international law deal explicitly with the conditions surrounding removal, several international standards exist, in particular related to the right to be free from torture, inhumane and degrading treatment. For instance, during a removal process, special consideration should be given to human rights in terms of family life, the protection of children, (further details in Child migration and Family and migration), detention processes and facilities, if used (further details on detention in Human rights of migrants: An overview), and the protection of personal data (further details in Stage 2: Data, research and analysis for policymaking).
The most effective way to reinforce the accountability of those responsible for implementing removal operations are independent monitoring mechanisms. Independent monitoring mechanisms serve to:
- Document the forced return operation, in particular with respect to any significant incidents that occur or any means of restraint used in the course of the operation;
- Confirm that return does not violate migrants’ rights;
- Ensure that returned migrants have access to effective complaint mechanisms and remedies;
- Support the prompt investigation of all allegations of human rights violations.
Returning and receiving States should each establish independent mechanisms to monitor human rights in pre-removal and return processes and after migrants return.